Holyoke Co. v. Lyman
Supreme Court of the United States
Error to the Supreme Judicial Court of Massachusetts; the case being this: The "General Laws”* of the State just named, provide that every act of incorporation passed since the 11th of March, 1831, “ Shall at all times be subject to amendment, alteration, or repeal, at the pleasure of the legislature.”
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Error to the Supreme Judicial Court of Massachusetts; the case being this: The "General Laws”* of the State just named, provide that every act of incorporation passed since the 11th of March, 1831, “ Shall at all times be subject to amendment, alteration, or repeal, at the pleasure of the legislature.” This general law being on the statute-book the legislature of the State in 1848 passed an act to incorporate the Hadley Falls Company, for the purpose of constructing anil maintaining a dam across the Connecticut River, and of creating a water-power to be used by the corporation. The capital…
1Opinion of the CourtJustice Clifford
Rivers, though not navigable even for boats t>r rafts, and even smaller streams of water, may be aud often are regarded as public rights, subject to legislative control, as the means for creating power for operating mills and machinery, or as the source for furnishing a valuable supply of fish, suitable for food and sustenance. Such water-power is everywhere regarded as a public right, and fisheries of the kind, even in waters not navigable, are also so far public rights that the legislature of the State may ordain and establish regulations to prevent obstructions to the passage of the fish,…
2Cases cited1 opinion
- Rice v. Railroad Co.Supreme Court of the United States · 1862
3Cited by91 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
- Berea College v. KentuckySupreme Court of the United States · 1908
- Close v. Glenwood CemeterySupreme Court of the United States · 1883
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